Section 5-1706. Approval of transfers of structured settlement payment rights  


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  • No direct or indirect transfer of structured settlement payment  rights shall be  effective  and  no  structured  settlement  obligor  or
      annuity  issuer  shall  be  required  to  make  any  payment directly or
      indirectly to any transferee of  structured  settlement  payment  rights
      unless the transfer has been authorized in advance in a final order of a
      court  of  competent  jurisdiction  based  upon express findings by such
      court that:
        (a) the transfer complies with the requirements of this title;
        (b) the transfer is in the best interest of  the  payee,  taking  into
      account  the  welfare and support of the payee's dependants; and whether
      the transaction, including the discount rate used to determine the gross
      advance amount and the fees and  expenses  used  to  determine  the  net
      advance  amount,  are  fair and reasonable. Provided the court makes the
      findings as outlined in this subdivision, there is  no  requirement  for
      the  court  to  find  that  an applicant is suffering from a hardship to
      approve the  transfer  of  structured  settlement  payments  under  this
      subdivision;
        (c)  the  payee  has been advised in writing by the transferee to seek
      independent professional advice regarding the transfer  and  has  either
      received such advice or knowingly waived such advice in writing;
        (d)  the  transfer  does  not contravene any applicable statute or the
      order of any court or other government authority; and
        (e) is written in plain language and in compliance with section  5-702
      of this article.